Principal Lauren Degnan Analyzes Impact of Supreme Court's SEC v. Jarkesy Ruling on PTAB

The U.S. Supreme Court's recent decision in SEC v. Jarkesy reaffirms the Court's 2018 ruling in Oil States Energy Services v. Greene's Energy Group, which upheld the constitutionality of the Patent Trial and Appeal Board (PTAB). By deciding the case on Seventh Amendment grounds and leaving the nondelegation and removal protection issues unaddressed, the Court largely avoided thornier issues that could have shaken up the PTAB. Principal Lauren Degnan, co-leader of Fish & Richardson's Appellate Group, provided insights to Law360 about the implications of Jarkesy for the PTAB.

Excerpt: “By not addressing the other two issues, it leaves for another day creative lawyering as to the issue of nondelegation. We can all rest comfortable that the PTAB continues to be constitutional.”

Read the full article with a Law360 subscription: Justices' SEC Ruling Reaffirms Oil States For Patent Attys